Legal History

Legal History Book List

Land is a significant and controversial topic in South Africa. Addressing the land claims of those dispossessed in the past has proved to be a demanding, multidimensional process. In many respects the land restitution program that was launched as part of the county’s transition to democracy in 1994 has failed to meet expectations, with ordinary citizens, policymakers, and analysts questioning not only its progress but also its outcomes and parameters.

Volume IV of The Papers of Clarence Mitchell Jr. covers 1951, the year America entered the Korean War, through 1954, when the NAACP won its Brown v. Board of Education case, in which the Supreme Court declared that segregation was discrimination and thus unconstitutional. The decision enabled Mitchell to implement the legislative program that President Truman’s Committee on Civil Rights outlined in its landmark 1947 report, To Secure These Rights.

Born in Baltimore in 1911, Clarence Mitchell Jr. led the struggle for passage of the 1957 Civil Rights Act, the 1960 Civil Rights Act, the 1964 Civil Rights Act, the 1965 Voting Rights Act, and the 1968 Fair Housing Act. Volumes I (1942–1943) and II (1944–1946) of The Papers of Clarence Mitchell Jr.,

In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation.

Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce. Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey.

Land tenure rights are a burning issue in South Africa, as in Africa more widely. Land, Power, and Custom explores the implications of the controversial 2004 Communal Land Rights Act, criticized for reinforcing the apartheid power structure and ignoring the interests of the common people.

Few subjects are as intensely debated in the United States as the death penalty. Some form of capital punishment has existed in America for hundreds of years, yet the justification for carrying out the ultimate sentence is a continuing source of controversy.

For more than 200 years no institution has been more important to the development of the American democratic polity than the state legislature, yet no political institution has been so neglected by historians. Although more lawmaking takes place in the state capitals than in Washington D.C., scholars have lavished their attention on Congress, producing only a handful of histories of state legislatures.

The year 2008 is the deadline set by President Mbeki for the finalization of all land claims by people who were dispossessed under the apartheid and previous white governments. Although most experts agree this is an impossible deadline, it does provide a significant political moment for reflection on the ANC government’s program of land restitution since the end of apartheid.

Prisons are always a key focus of those interested in human rights and the rule of law. Human Rights in African Prisons looks at the challenges African governments face in dealing with these issues. Written by some of the most eminent researchers from and on Africa, including the former chairperson of the African Commission on Human and Peoples’ Rights.

On July 2 and 3, 1917, a mob of white men and women looted and torched the homes and businesses of African Americans in the small industrial city of East St. Louis, Illinois. When the terror ended, the attackers had destroyed property worth millions of dollars, razed several neighborhoods, injured hundreds, and forced at least seven thousand black townspeople to seek refuge across the Mississippi River in St. Louis, Missouri.

In the aftermath of the Civil War, legislators in the Nebraska Territory grappled with the responsibility of forming a state government as well as with the larger issues of reconstructing the Union, protecting civil rights, and redefining federal-state relations. In the years that followed, Nebraskans coped with regional and national economic collapses. Nebraska women struggled for full recognition in the legal profession.

Throughout the history of the United States, the acts of a few have proved to be turning points in the way our legal system has treated the least of us. The nine individuals whose deeds are recounted have compelling stories, and though they remain unknown to the general public, their commitment to the rule of law has had a lasting impact on our nation. Noble Purposes brings their stories to life.

Women on death row are such a rarity that, once condemned, they may be ignored and forgotten. Ohio, a typical, middle-of-the-road death penalty state, provides a telling example of this phenomenon. The Fairer Death: Executing Women in Ohio explores Ohio’s experience with the death penalty for women and reflects on what this experience reveals about the death penalty for women throughout the nation.

On March 11, 1854, the people of Wisconsin prevented agents of the federal government from carrying away the fugitive slave, Joshua Glover. Assembling in mass outside the Milwaukee courthouse, they demanded that the federal officers respect his civil liberties as they would those of any other citizen of the state. When the officers refused, the crowd took matters into its own hands and rescued Joshua Glover.